S T A T E O F N E W Y O R K
________________________________________________________________________
4135
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
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Introduced by M. of A. ENGLEBRIGHT, JACOBS, GALEF, KELLNER, SCHIMEL --
Multi-Sponsored by -- M. of A. COLTON -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to integrated pest
management requirements for schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares that
it shall be the policy of the state of New York to provide every child
with an environmentally safe and healthy learning environment in which
to grow, learn and mature into productive and healthy adults. To ensure
that schools provide this setting for our children, the legislature
finds that pesticide use in school facilities must be reduced or avoided
in order to protect children's environmental health and safety. Chil-
dren are uniquely vulnerable to and may be severely affected by exposure
to chemicals such as pesticides. By establishing integrated pest manage-
ment strategies that primarily rely on non-chemical pest control, expo-
sures to children from toxic pesticides can be eliminated or reduced to
less hazardous levels.
S 2. The education law is amended by adding a new section 409-l to
read as follows:
S 409-L. INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR SCHOOLS. 1. FOR
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED:
(A) "SCHOOL" MEANS ALL FACILITIES FOR GRADES KINDERGARTEN THROUGH
TWELVE OPERATED BY ANY SCHOOL DISTRICT, INCLUDING ANY CITY SCHOOL
DISTRICT WITH A POPULATION OVER ONE HUNDRED TWENTY-FIVE THOUSAND, OR ANY
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
(B) "INTEGRATED PEST MANAGEMENT" AND "IPM" MEAN A DECISION-MAKING
PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETERMINE
IF AND WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,
BIOLOGICAL AND EDUCATIONAL TACTICS TO CONTROL CONDITIONS THAT PROMOTE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07608-01-3
A. 4135 2
PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE DAMAGE OR
ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTI-
CIDE CONTROLS. THE OVERALL GOAL OF IPM IS TO ELIMINATE THE UNNECESSARY
USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
(C) "FACILITIES" MEANS SCHOOL BUILDINGS, LAND AND OTHER APPURTENANCES
OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
2. TO ENSURE THAT SCHOOLS ARE SAFE AND HEALTHY ENVIRONMENTS FOR
STUDENTS, TEACHERS AND OTHER STAFF AND OCCUPANTS, CERTAIN REQUIREMENTS
SHALL BE PLACED ON PESTICIDE USE IN THESE FACILITIES.
(A) ALL SCHOOLS SHALL HAVE PEST MANAGEMENT PLANS FOR ALL PEST CONTROL
ACTIVITIES, WHICH HAVE BEEN SUBJECT TO PUBLIC REVIEW AND APPROVED BY THE
SCHOOL BOARD. SUCH PLANS SHALL UTILIZE IPM TECHNIQUES TO MANAGE AND
CONTROL PESTS AND PROBLEMS. ALL IPM PLANS SHALL INCLUDE A PROVISION FOR
PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLEMENTATION OF THE PLAN.
SCHOOL DISTRICTS MAY CREATE ADVISORY COMMITTEES TO ASSIST IN THE DEVEL-
OPMENT OF THE IPM PLANS, AND TO MONITOR THE IMPLEMENTATION OF SUCH
PLANS. NO SCHOOL SHALL CONDUCT OR HAVE CONDUCTED ANY PESTICIDE APPLICA-
TION TO SCHOOL FACILITIES WHICH IS PREVENTIVE IN NATURE AND WHICH DOES
NOT RESPOND TO VERIFIABLE PEST PROBLEMS.
(B) SCHOOLS SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALUATION OF
THE IMPLEMENTATION OF THEIR IPM PLANS TO THE SCHOOL BOARD. EVERY SCHOOL
SHALL UPDATE ITS IPM PLAN ONCE EVERY THREE YEARS. SUCH INFORMATION SHALL
BE PUBLICLY AVAILABLE.
(C) EVERY SCHOOL SHALL HAVE ITS PESTICIDE APPLICATIONS CONDUCTED BY A
CERTIFIED COMMERCIAL PESTICIDE APPLICATOR. PESTICIDE APPLICATIONS BY
PERSONS WORKING UNDER THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE
APPLICATOR SHALL BE PROHIBITED.
(D) A NOTICE OF THE PESTICIDE APPLICATION AND A COPY OF THE PESTICIDE
LABEL, SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A BUILDING WHICH
IS TO RECEIVE A PESTICIDE APPLICATION. THE COMMON AREA SHALL BE READILY
ACCESSIBLE TO ALL OCCUPANTS OF THE BUILDING. THE NOTICE AND PESTICIDE
LABEL SHALL REMAIN POSTED FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING THE
PESTICIDE APPLICATION. SUCH NOTICE SHALL INCLUDE, AT A MINIMUM, THE NAME
AND TELEPHONE NUMBER OF A SCHOOL EMPLOYEE OR CONTACT PERSON WHO SHALL
PROVIDE DETAILED INFORMATION ON THE PESTICIDE APPLICATIONS. A COPY OF
THE PESTICIDE LABEL MUST BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH
LABEL WITHIN TWENTY-FOUR HOURS OF SUCH REQUESTS.
(E) WHEN PESTICIDES ARE APPLIED TO SCHOOL GROUNDS, TURF, TREES OR
SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED IN SECTION 33-1003 OF
THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY
FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.